背景技术智障人士在刑事司法系统中的比例过高。《联合国残疾人权利公约》(UNCRPD)规定了残疾人平等诉诸司法的权利(UNCRPD第13条)。无障碍信息是行使这一权利的一个关键方面。然而,许多司法管辖区,包括爱尔兰,尚未为可能被捕的残疾人提供可访问的信息。本文旨在描述通过多学科的合作发展,并倡导为爱尔兰警方拘留的智障人士提供可访问(易读)权利通知(ERNR)的共识。方法由爱尔兰的智障人士代表组织制定的指南和国际惯例的例子被用于由主要研究人员与智障人士代表组织的专家合作制定ERNR草案。此后,通过两个焦点小组制定了ERNR,以期达成共识,重点是可访问性,精度和布局。这包括一个多学科焦点小组,参与者来自一个智障人士代表组织,心理学,言语和语言治疗,警察部队,公共卫生,法医精神病学,心理健康,法律和,随后,一群有智力残疾经历的人。结果ERNR的逐步发展导致文本准确性的逐步提高以及更易于访问的语言和图像的纳入。原创性/价值这是第一次尝试开发一份易于阅读的文件,涉及爱尔兰警方拘留的嫌疑人的合法权利,因此,这种程序创新有望提供帮助,不仅仅是智障人士,还有那些在被捕时识字能力有限的人。编写文件时使用的方法,聘请焦点小组在多个学科和智障人士的参与下达成共识,这与联合国民主与发展委员会的精神是一致的。已批准《公约》但尚未制定适用于国内法规定的被逮捕者的法律权利和应享权利的其他成员国可能会采用这种方法。
Background People with intellectual disabilities are over-represented in the criminal justice system. The United Nations\' Convention on the Rights of Persons with Disabilities (UNCRPD) enshrines a right to equal access to justice for persons with disabilities (Article 13, UNCRPD). Accessible information is a key aspect of exercising this right. Yet, many jurisdictions, including Ireland, are yet to develop accessible information for disabled people who may be arrested. Aims This paper describes the collaborative development through multidisciplinary and advocate
consensus of an accessible (Easy -to- Read) Notice of Rights (ERNR) for people with intellectual disabilities in police custody in Ireland. Methods
Guidelines developed by Ireland\'s representative organisation for people with intellectual disabilities and examples of international practice were used to develop a draft ERNR by the primary researcher in partnership with an expert from a representative organisation for people with intellectual disabilities. The ERNR was developed thereafter through two focus groups with a view to achieving
consensus with a focus on accessibility, accuracy and layout. This included a multidisciplinary focus group with participants from a representative organisation for people with intellectual disabilities, psychology, speech and language therapy, the police force, public health, forensic psychiatry, mental health, law and, subsequently, a focus group of people with lived experience of intellectual disability. Results Progressive development of the ERNR resulted in incremental improvements in textual accuracy as well as the inclusion of more accessible language and imagery. Originality/value This is the first attempt at developing an easy-to-read document relating to the legal rights of suspects in police custody in Ireland and, accordingly, this procedural innovation promises to assist, not just persons with intellectual disabilities, but also those with limited literacy at the point of arrest. The methodology used in the preparation of the document, employing a focus group to achieve
consensus with participation from both multiple disciplines and persons with an intellectual disability, is in harmony with the ethos of the UNCPRD. This methodology may usefully be employed by other member states that have ratified the Convention but have yet to develop accessible version of the legal rights and entitlements that extend to arrested persons under their domestic law.